Download This Version in Microsoft Word format

Bill 4431

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 30, 2002

    H. 4431

Introduced by Reps. Rodgers, Simrill, Meacham-Richardson and Gilham

S. Printed 1/30/02--H.

Read the first time January 8, 2002.

    To whom was referred a Bill (H. 4431) to amend Section 20-4-30, Code of Laws of South Carolina, 1976, relating to Family Court jurisdiction and venue for actions seeking an order of protection, etc., respectfully

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting:

    /SECTION    1.    Section 20-4-40 of the 1976 Code, as last amended by Act 396 of 1996, is further amended to read:

    "Section 40-4-40.    There is created an action known as a 'Petition for an Order of Protection' in cases of abuse to a household member.

    (a)(1)    A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.

    (b)(2)     A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.

    (c)(3)    The petition must inform the respondent of the right to retain counsel.

    (d)(4)    In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action.

    (5)     A petition for an order for protection must be filedin the county in which:

        (a)    the alleged act of abuse occurred;

        (b)    the petitioner resides, or is sheltered;

        (c)    the respondent resides; or

        (d)    the parties last resided together.

    However, the petition must designate the proper county of venue, in accordance with Section 20-4-30. If the county in which the petition is initially filed is not the proper county of venue, as designated in the petition, the clerk of court shall forward the petition to the proper county of venue where it must be filed as if the action had been initiated in that county.

    (e)(6)    The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis.

    (f)(7)    The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse."

    SECTION    2.    This act takes effect upon approval by the Governor./

    Renumber sections to conform.

    Amend totals and title to conform.

JAY LUCAS for Committee.

TO AMEND SECTION 20-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND VENUE FOR ACTIONS SEEKING AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO REVISE WHERE AN ACTION MAY BE BROUGHT TO INCLUDE THE COUNTY IN WHICH THE ALLEGED ACT OF ABUSE OCCURRED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 20-4-30 of the 1976 Code is amended to read:

    "Section 20-4-30.    (A)    The Family Court has jurisdiction over all proceedings under this chapter except that, during nonbusiness hours or at other times when the court is not in session, the petition may be filed with a magistrate. The magistrate may issue an order of protection granting only the relief provided by Section 20-4-60 (a) (1).

    (B)    Actions for an order of protection shall must be filed in the county in which:

        (a)    in which the respondent resides at the time of the commencement of the action, the alleged act of abuse occurred;

        (b)    in which the petitioner resides if the respondent is a nonresident or after due diligence cannot be found, or is sheltered; or

        (c)    in which the parties last resided together unless the petitioner is a nonresident in which case it must be brought in the county in which the respondent resides."

SECTION    2.    This act takes effect upon approval by the Governor.

This web page was last updated on Thursday, June 25, 2009 at 2:19 P.M.